Nesbitt v. City of Greenville

Citations

• 69 Miss. 22

Syllabus

<p>1. Municipal Corporation. Streets. Ordinary care.</p> <p>Ordinary care over its streets is tlie measure of diligence imposed upon a municipal corporation.</p> <p>2. Obstruction in Street. Notice. Liability of city.</p> <p>Though it may not appear that an obstruction in a street which proves to be dangerous and causes injury, was erected by permission of the city, it is liable if the same was continued after knowledge of its existence. .</p> <p>3. Same. Notice of defects. Ordinary care. Duty.</p> <p>Where an obstruction in a street is created by the municipality, or permitted to be erected by another, it'must take notice of such defects as ordinary care will discover.</p> <p>4. Structure in Street. Duty to keep in repair.</p> <p>A structure in a public street must be erected in such manner and with such materials as to be reasonably safe, and must be kept so. Proper repairing from time to time is as much the duty of the municipality as safe construction.</p> <p>5. Defective Structures. Diligence. Common knowledge.</p> <p>A municipality is liable for injuries resulting from its defective structures, when by reasonable diligence it might have known of the defects. Common knowledge, the action of the elements and the like, is chargeable to a municipal corporation-as in case of natural persons.</p> <p>6. Practice. Peremptory instruction. When improper.</p> <p>In an action of damages for negligence, where the defendant’s freedom from culpability is not so clear as to leave no room for differences of opinion, the question of negligence is for the jury, and it is error to instruct for defendant.</p> <p>7. Same. Contributory negligence. Instruction.</p> <p>Where the plaintiff’s want of care is relied upon as a defense, unless the evidence of contributory negligence is so plain and convincing as to show that he is debarred thereby of recovery, it is error to give a peremptory instruction for defendant.</p> <p>8. Negligence. Street. Dangerous structure. Case.</p> <p>Plainti